One committee or subcommittee has supervision of building the barracks at a given army post while another committee or subcommittee has supervision of building the hospital at the same post. One committee has jurisdiction of the guns, another committee has jurisdiction of the emplacement of the guns. All committees are jealous of their own prerogatives and sometimes more or less jealous of other committees. [Footnote: Will Payne, "Your Budget," SATURDAY EVENING POST, Jan. 3, 1920, p. 166.]
APPROPRIATIONS MADE MORE OR LESS BLINDLY
Each year the executive departments submit to the Secretary of the Treasury an estimate of the amount of money they think they will need. The Secretary of the Treasury puts these estimates together without revision and without criticism and submits them to Congress, together with an estimate of the probable revenues available. While there is a committee on appropriations in each house of Congress,
... one class of appropriations after another has been taken away from this committee and intrusted to other committees until, as a result, the work of preparing appropriations in the House of Representatives is broken up so that there are now no less than fourteen general appropriation bills prepared by seven different committees ... In the preparation of their bills the committee on appropriations and the other committees in charge of appropriations are really compelled to work more or less blindly. Sometimes they hold extensive hearings endeavoring to get a complete grasp of the multitudinous detailed expenditures for which they must provide. But, of course, it is impossible for the several committees, in the time at their disposal, to give even minor matters the amount of attention demanded by sound public economy. [Footnote: C. A. Beard, AMERICAN GOVERNMENT AND POLITICS, pp. 366, 367.]
THE PRINCIPLES OF A BUDGET SYSTEM
The first principles of a budget, according to students of government, are that it should be prepared by the executive branch of the government, which is responsible for spending the money; that it should be prepared by an agency responsible directly to the President, and with authority to revise and adjust the estimates of the several departments in the light of the needs and resources of the government as a whole; and that it should be based upon an accounting system that will show clearly how efficiently each department and minor subdivision is doing its work. As this chapter is being written, a bill is before Congress which, if passed, will more or less completely accomplish these results.
THE NEED FOR CENTRALIZING APPROPRIATIONS
It remains for Congress, however, to make the appropriations requested in the budget, with such modifications as may be shown to be wise. It is generally accepted that appropriations cannot be wisely made under the present system, and that responsibility for them must be centered in one committee in each house.
This change will necessitate a change in the rules which can only be made by each house for itself. A resolution has been introduced in the House of Representatives recommending this change, but it has not at this writing been acted upon.
In the English House of Commons, when the appropriation bill is introduced, the House becomes in effect a court before which the prime minister and his cabinet are placed on trial to defend their budget. The whole House is in session. The minority party, which conducts the opposition, employs counsel, and by its searching inquiries compels the cabinet to explain and defend the budget at every point. By this procedure the public is informed as to the work and program of the government, and the executive leaders held strictly to account.
RESPONSIBILITY OF THE CITIZEN
A budget system, however good it may be, like all other governmental machinery is merely an organization for team work, and will do very little good unless the team work is forthcoming, not only among the various branches and departments of government, but also on the part of the citizens.
If there is a real budget it has got to be your budget. It will be good, bad or indifferent finally just in proportion to your interest in it and your expression of that interest at the polls and elsewhere. If there is a good budget system—not on paper, but in actual practice—you've got to make it. If, when a budget bill is finally enacted you say, "Well, that job is done," and dismiss it from your mind there will be no lasting gain ... [Footnote: Will Payne, "Your Budget," SATURDAY EVENING POST January 3, 1920, p. 30.]
Effective control over government can be exercised only by PUBLIC OPINION and PUBLIC INTEREST. We may have any kind of government we want, if we only want it badly enough, and only when we want it badly enough. The blame for inefficiency and wastefulness on the part of government at Washington, or at the state capital, or at the county seat, rests largely with the people back home, who are either selfish or blind to the fact that the interests of the nation are larger than their own or those of their own little community. The very people who talk most loudly about the extravagance of government, or about the burden of taxes, are likely to be the ones who expect most from their congressmen for purely personal or local advantage. They are likely to judge their representative's fitness for his position more by his ability to get funds from the public treasury for local gratification than by his attitude toward great national questions.
Investigate and report on the following:
The present Speaker of the House of Representatives, and some of the more important members.
Leaders in the Senate at the present time.
A list of some of the more important committees in each House of Congress.
The procedure by which a bill becomes a law, from the time when it is introduced to the time it goes into effect as a law of the land.
Bills introduced in Congress by the representative from your district. The purposes of these bills. (Consult at home, at your public library, at your newspaper office.)
Follow the course of debate on some measure in the House of Representatives or the Senate in the files of the Congressional Record (files may be found at your public library, or at the newspaper offices, if not in your school).
Conflict of opinion regarding the powers of the President and of the Senate in connection with the discussion of the treaty of peace with Germany.
"Filibustering" in Congress.
Clause 2 of section 6 of Article I of the Constitution says, "No person holding any office under the United States shall be a member of either House during his continuance in office." Why is this?
The privileges of members of Congress under clause I of section 6 of Article I of the Constitution. Reasons for these privileges.
"Log-rolling" in Congress, what it is and why so called.
The details of the budget system of the national government if one has been created by the time you study this chapter.
Any change in the rules of Congress relating to appropriations.
The desirability of introducing in our government a plan similar to that used by the House of Commons.
THE NATIONAL JUDICIARY
The judicial power of the United States government is vested by the Constitution "in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish" (Art. III, sec. I). The number of judges in the Supreme Court is determined by Congress, and they are appointed by the President with the advice and consent of the Senate. At present the Supreme Court consists of a chief justice and eight associate justices. Its sessions are held in the Capitol building at Washington. Congress has created circuit courts of appeals, of which there are now nine, each "circuit" including several states; and district courts, of which there is at least one in every state, and sometimes several. In addition to these there is a court of customs appeals and a court of claims, for special classes of cases. The courts of the District of Columbia are also United States courts, inasmuch as the District is governed entirely by the national government. The judges of all United States courts are appointed by the President and hold office for life.
POWERS OF THE FEDERAL COURTS
The powers of the federal courts are stated in Article III, section 2, of the Constitution. In general, they have jurisdiction over cases of a national or interstate character. Most cases that come in the first instance before the federal courts are tried in the United States district courts, going to the higher courts only on appeal; but there are certain classes of cases that go to the Supreme Court at once (Art. III, sec. 2, cl. 2). A case brought to trial before a state court may be appealed to the Supreme Court of the United States when the Constitution, the laws, or the treaties of the United States are involved, and its decision is final. The Supreme Court may declare a law passed by Congress or an act of the President null and void if, in its opinion, such law or act is contrary to the provisions of the Constitution. It has been questioned whether the framers of the Constitution intended the Supreme Court to have this power, but it exercises the power on the ground that the Constitution is the supreme law of the land to which even Congress and the President are subject, and that it is the sacred duty of the courts to preserve it from violation. We have noted the influence exercised by the Supreme Court in extending the activities of the United States government by its broad interpretations of the Constitution.
Study the powers of the federal courts in Article III, sections 1 and 2.
What is treason? (Art. III, sec. 3, cl. I.)
What is meant by the second clause in section 3 of Article III?
Guerrier, Edith, The Federal Executive Departments, Bulletin, 1919, No. 74, U. S. Bureau of Education. Swanton, W. I., Guide to United States Government Publications; Bulletin, 1918, No. 2, U. S. Bureau of Education.
In Lessons in Community and National Life:
Series A: Lesson 12, History of the federal departments. Lesson 18, Local and national governments.
Series B: Lesson 13, The Department of the Interior. Lesson 14, The United States Public Health Service. Lesson 21, National standards and the Bureau of Standards.
In Foerster and Pierson's American Ideals: The nature of the Union (Daniel Webster), pp. 17-26. The nature of the Union (John C. Calhoun), pp. 27-44. Jefferson's First Inaugural Address, pp 59- 64. The frame of the national government (Bryce), pp. 285-300. Criticism of the federal system (Bryce), pp. 301-311. Merits of the federal system (Bryce), pp. 312-321.
Beard, C. A., American Government and Politics, Part ii, especially chaps, xi and xiv Hart, A. B., Actual Government, Part v, The National Government in Action. Bryce, James, The American Commonwealth, vol. I, Part i. Wilson, Woodrow, Congressional Government (Houghton Mifflin Co.). Haskin, F. J., The American Government (Lippincott). Young, The New American Government (Macmillan).
THE CONSTITUTION OF THE UNITED STATES
We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America.
ARTICLE I. THE LEGISLATIVE DEPARTMENT
SECTION I. CONGRESS IN GENERAL
All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
SECTION II. HOUSE OF REPRESENTATIVES
1st Clause. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.
2nd Clause. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.
3rd Clause. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and, excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
4TH CLAUSE. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.
5TH CLAUSE. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.
SECTION III. THE SENATE.
1ST CLAUSE. The Senate of the United States shall be composed of two senators from each State, chosen by the legislature thereof, for six years; and each senator shall have one vote.
2nd CLAUSE. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.
3rd CLAUSE. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
4TH CLAUSE. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
5TH CLAUSE. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.
6TH CLAUSE. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall all be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.
7TH CLAUSE. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.
SECTION IV. BOTH HOUSES.
1ST CLAUSE. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing senators.
2nd CLAUSE. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
SECTION V. THE HOUSES SEPARATELY.
1ST CLAUSE. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.
2nd CLAUSE. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
3rd CLAUSE. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.
4TH CLAUSE. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SECTION VI. PRIVILEGES AND DISABILITIES OF MEMBERS.
1ST CLAUSE. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
2nd CLAUSE. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.
SECTION VII. MODE OF PASSING LAWS
1ST CLAUSE. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.
2nd CLAUSE. Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
3rd CLAUSE. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
SECTION VIII. POWERS GRANTED TO CONGRESS.
The Congress shall have power—
1ST CLAUSE. To lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States;
2nd CLAUSE. To borrow money on the credit of the United States;
3rd CLAUSE. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;
4TH CLAUSE. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
5TH CLAUSE. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
6TH CLAUSE. To provide for the punishment of counterfeiting the securities and current coin of the United States;
7TH CLAUSE. To establish post-offices and post-roads;
8TH CLAUSE. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
9TH CLAUSE. To constitute tribunals inferior to the Supreme Court;
10TH CLAUSE. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations;
11TH CLAUSE. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
12TH CLAUSE. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years;
13TH CLAUSE. To provide and maintain a navy;
14TH CLAUSE. To make rules for the government and regulation of the land and naval forces;
15TH CLAUSE. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;
16TH CLAUSE. To provide for organising, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
17TH CLAUSE. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the Government of the United States; and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings;—and
18TH CLAUSE. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
SECTION IX. POWERS DENIED TO THE UNITED STATES.
1ST CLAUSE. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
2nd CLAUSE. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
3rd CLAUSE. No bill of attainder or ex post facto law shall be passed.
4TH CLAUSE. No capitation, or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
5TH CLAUSE. No tax or duty shall be laid on articles exported from any State.
6TH CLAUSE. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another.
7TH CLAUSE. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
8TH CLAUSE. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.
SECTION X. POWERS DENIED TO THE STATES.
1ST CLAUSE. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, EX POST FACTO law, or law impairing the obligation of contracts, or grant any title of nobility.
2nd CLAUSE. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
3rd CLAUSE. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
ARTICLE II. THE EXECUTIVE DEPARTMENT.
SECTION I. PRESIDENT AND VICE-PRESIDENT.
1ST CLAUSE. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows:
2nd CLAUSE. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the State may be entitled in the Congress. But no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
[The 3rd clause has been superseded by the 12th article of Amendments. See page xix.]
4TH CLAUSE. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.
5TH CLAUSE. No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
6TH CLAUSE. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice- President; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
7TH CLAUSE. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
8TH CLAUSE. Before he enter on the execution of his office, he shall take the following oath or affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States."
SECTION II. POWERS OF THE PRESIDENT.
1ST CLAUSE. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
3rd CLAUSE. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint, ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
3rd CLAUSE. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.
SECTION III. DUTIES OF THE PRESIDENT.
He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions convene both houses or either of them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
SECTION IV. Impeachment of the President.
The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
ARTICLE III. THE JUDICIAL DEPARTMENT.
SECTION I. The United States Courts.
The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
SECTION II. Jurisdiction of the United States Courts.
1st Clause. The judicial power shall extend to all cases, in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority, to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign states, citizens, or subjects.
2nd Clause. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.
3rd Clause. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.
SECTION III. TREASON.
1ST CLAUSE. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
2nd CLAUSE. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
ARTICLE IV. MISCELLANEOUS PROVISIONS.
SECTION I. STATE RECORDS.
Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which, such acts, records, and proceedings shall be proved, and the effect thereof.
SECTION II. PRIVILEGES OF CITIZENS.
1ST CLAUSE. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.
2nd CLAUSE. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.
3rd CLAUSE. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
SECTION III. NEW STATES AND TERRITORIES.
1ST CLAUSE. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress.
2nd CLAUSE. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State.
SECTION IV. Guarantees to the States.
The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.
ARTICLE V. POWERS OP AMENDMENT.
The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid, to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several States, or by conventions in three- fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.
ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE CONSTITUTION, OATH OF OFFICE, RELIGIOUS TEST.
1st Clause. All debts contracted and engagements entered into before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
2nd Clause. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
3rd Clause. The senators and representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
ARTICLE VII. RATIFICATION OF THE CONSTITUTION.
The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.
PROPOSED BY CONGRESS AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION.
ARTICLE I. FREEDOM OF RELIGION.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
ARTICLE II. RIGHT TO BEAR ARMS.
A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
ARTICLE III. QUARTERING SOLDIERS ON CITIZENS.
No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.
ARTICLE IV. SEARCH WARRANTS.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
ARTICLE V. TRIAL FOR CRIME.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.
ARTICLE VI. RIGHTS OF ACCUSED PERSONS.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
ARTICLE VII. SUITS AT COMMON LAW.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re- examined in any court of the United States than according to the rules of the common law.
ARTICLE VIII. EXCESSIVE BAIL.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX. RIGHTS RETAINED BY THE PEOPLE.
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
ARTICLE X. RESERVED RIGHTS OF THE STATES.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The judicial power of the United States shall not be construed to extend to any suit, in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state.
1ST CLAUSE. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice- President shall act as President, as in the case of the death or other constitutional disability of the President.
2nd CLAUSE. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.
3rd CLAUSE. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
SECTION I. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
SEC. II. Congress shall have power to enforce this article by appropriate legislation.
SECTION I. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny any person within its jurisdiction the equal protection of the laws.
SEC. II. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. SEC. III. No person shall be a senator or representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.
SEC. IV. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void.
SEC. V. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
SECTION I. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.
SEC. II. The Congress shall have power to enforce this article by appropriate legislation.
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
SECTION I. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislatures.
SEC. II. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided that the Legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the Legislature may direct.
SEC. III. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
SECTION I. After one year from the ratification of this article, the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from, the United States and all territory subject to the jurisdiction thereof, for beverage purposes, is hereby prohibited.
SEC. II. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
SEC. III. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission thereof to the States by the Congress.
SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.
SECT. 2. The Congress shall have power to enforce this article by appropriate legislation.